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Work Health and Safety Act 2011 (WHS Act) –
Work Health and Safety Regulation 2017 (WHS Regulation)
DETERMINATION OF ‘COMPETENT PERSON’
TO CONDUCT INSPECTIONS OF CERTAIN
PLANT UNDER THE WORK HEALTH AND
SAFETY REGULATION 2017 – APPLICATION
DECEMBER 2014
Competent person
Determining a ‘competent person’ to conduct
inspections of amusement devices, passenger
ropeways or registered mobile and tower cranes.
Clause 235 in the WHS Regulation requires
that the person with management or control
of a registered mobile crane or tower crane at
a workplace ensure major inspections of such
cranes are carried out by ‘competent persons’.
Clause 241 in the WHS Regulation requires that
the person with management or control of
an amusement device or passenger ropeway
at a workplace ensure annual inspections of
amusement devices and passenger ropeways are
carried out by ‘competent persons’.
The WHS Regulation provides that a ‘competent
person’ for these clauses is a person who:
• has acquired through training, qualifications or
experience the knowledge and skills to inspect
the plant
• is qualified to be a member of Engineers
Australia with the status of Chartered
Professional Engineer, or is qualified to be
entered on the National Professional Engineers
register administered by the Institution of
Engineers Australia.
For inflatable amusement devices, such as jumping
castles, that have a platform height less than
nine metres, a ‘competent person’ need only
demonstrate that they have acquired through
training, qualifications or experience the knowledge
and skills to inspect these types of devices.
The WHS Regulation also provides that, if
exceptional circumstances exist, SafeWork NSW can
make a determination that someone is a ‘competent
person’ to conduct the required inspections.
Exceptional circumstances include:
• where there may be a shortage of Chartered
Professional Engineers or persons that are
qualified to be entered on the National
Professional Engineers register to conduct
the required inspection within the next eight
weeks (for amusement devices and passenger
ropeways) or the next six months (for
registered mobile and tower cranes), or
• where the plant is located in a remote area
where there are no Chartered Professional
Engineers or persons that are qualified to be
entered on the National Professional Engineers
register that are resident in the area or are
prepared to provide the inspection service
in that area.
SafeWork NSW will consider a range of
criteria before deciding on an application for
a determination that a person is a ‘competent
person’ for these inspections, including:
• whether the person is independent of the person
with management or control of the plant who is
required to ensure the inspection is undertaken
• what knowledge the person has about the type
of plant to be inspected, including relevant
non-destructive examination techniques
• what relevant professional industry experience
the person has had and any membership of
relevant professional organisations
• the person’s reputation
• the person’s understanding of the requirements
of work health and safety laws.
Full details of the criteria to be assessed are
included on the attached form.
Applications for a determination can be made by:
• the person with management or control of the
relevant type of plant who is required to ensure
the inspections are conducted by a ‘competent
person’, or
• a person wishing to be determined as a
‘competent person’ so that they can conduct
the inspections.
Applications should be made using the attached
form, or otherwise in writing, and sent to
Workplace Health and Engineering Services,
Work Health and Safety Division, SafeWork
NSW, Locked Bag 2906, Lisarow, NSW 2252.
The applicant may be required to attend
an interview or provide other information
before a decision is made on whether or not
a determination will be made.
Determinations made by SafeWork NSW may
include conditions.
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DETERMINATION OF ‘COMPETENT PERSON’ TO CONDUCT INSPECTIONS OF CERTAIN PLANT UNDER THE WORK HEALTH AND SAFETY
REGULATION 2017 – APPLICATION DECEMBER 2014
Section 1. APPLICANT DETAILS
SECTION 1.1 DETAILS OF APPLICANT
Title
Family/Surname
Date of birth (DD/MM/YYYY)
Given name
Daytime contact number
Other names
Mobile number
SECTION 1.2 STREET ADDRESS OF APPLICANT
STREET ADDRESS (MUST NOT BE A PO BOX)
Unit number/Street number/Property number
POSTAL ADDRESS
Same as street address
Unit number/Street number/Property number
Street name
Street name
Suburb
Suburb
(include Lot or DP number if applicable)
State
Postcode
(include Lot or DP/PO Box/GPO Box/Private Bag/Locked Bag)
State
Please select
Postcode
Please select
Are you:
the person with management or control of the relevant type of plant who is required to ensure the
inspections are conducted by a ‘competent person’?
a person wishing to be determined as a ‘competent person’ so that you can conduct the inspections?
Are you seeking a determination of ‘competent person’ to:
conduct annual inspections of amusement devices?
conduct annual inspections of passenger ropeways?
conduct major inspections of registered mobile or tower cranes?
Specify what exceptional circumstances exist to support your application
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DETERMINATION OF ‘COMPETENT PERSON’ TO CONDUCT INSPECTIONS OF CERTAIN PLANT UNDER THE WORK HEALTH AND SAFETY
REGULATION 2017 – APPLICATION DECEMBER 2014
Section 2. EXPERIENCE
State information which supports that you (or the person you wish to conduct the inspections) should be
determined by SafeWork NSW to be a ‘competent person’ (see page 4 of this form for detailed criteria).
Knowledge must be able to demonstrate
Industry experience must be able to demonstrate
Professional activity must be able to demonstrate
Reputation
Work health and safety legislation understanding
Industry association
Independence
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DETERMINATION OF ‘COMPETENT PERSON’ TO CONDUCT INSPECTIONS OF CERTAIN PLANT UNDER THE WORK HEALTH AND SAFETY
REGULATION 2017 – APPLICATION DECEMBER 2014
Section 3. CRITERIA SAFEWORK NSW WILL CONSIDER BEFORE DECIDING
ON AN APPLICATION FOR A DETERMINATION THAT A PERSON IS A
‘COMPETENT PERSON’
Knowledge (must be able to demonstrate)
• Can the person demonstrate they understand
the operation of relevant types of plant, how
they are manufactured, how they are maintained,
inspected and tested?
• Does the person have knowledge and skills
in assessing the condition of the material and
means of joining the material (eg seams and
anchorage points for inflatable amusement
devices with a platform height in excess of 9m,
or welding or bolted joints for registered mobile
and tower cranes)?
• Does the person have knowledge of
non-destructive examination (NDE) techniques,
what types of NDEs should be applied to
detect potential failures and how the results
are interpreted?
–– Can the person describe common failure
modes for the relevant type of plant?
–– Can the person estimate the remaining life of
worn areas and components to ensure that
the relevant plant is safe to operate till the
next annual or major inspection?
–– Can the person describe and demonstrate the
safety features of the relevant plant?
–– Is the person familiar with technical standards
for the relevant plant?
–– Does the person have relevant formal trade
or academic qualifications to demonstrate
the knowledge?
–– If no formal qualifications, can the person
establish (through other means) that they
have knowledge of, and experience with,
plant of the same type and characteristics?
• Does the person hold any relevant high risk work
licence (holding the relevant crane operator’s
licence is neither mandatory nor sufficient on its
own, but may show that the person is familiar
with the operation of a crane)?
• Is the person familiar with hazard identification
and risk assessment processes common to work
health and safety procedures?
Industry experience (must be able to demonstrate)
• Has the person worked in industries associated
with the relevant plant and had the opportunity
to evaluate their safety features?
• How many years experience in examining and
working on relevant plant does the person
have? A minimum of two years experience
is recommended.
• Does the person have evidence of the industry
experience and currency (eg logbooks,
references, position profiles)?
Professional activity (must be able to demonstrate)
• Can the person demonstrate recent professional
activity with the relevant plant?
• How long has the person been professionally
active in this industry?
• Can the person demonstrate that they have
maintained their knowledge and skills to ensure
they are familiar with new safety technology
associated with the relevant plant?
Reputation
• Is the person reputable and able to provide
referees who can attest to the quality and nature
of their work?
Work health and safety legislative understanding
• Is the person familiar with the relevant work
health and safety legislation and its requirements
(eg recent attendance of update programs on work
health and safety legislation)?
Industry association
• Is the person a member of an amusement
industry association (eg AALARA, AAA,
Showmen’s Guild of Australasia), a crane industry
association, or Engineers Australia)? This is not
compulsory.
Independence
• Is the person independent of the relevant person
with management or control of a registered
mobile or tower crane or amusement device?
Catalogue No. SW09073
ISBN 978 1 74341 416 3 © Copyright SafeWork NSW 0818
SafeWork NSW, 92–100 Donnison Street, Gosford, NSW 2250
Locked Bag 2906, Lisarow, NSW 2252 | Customer Experience 13 10 50
Website www.safework.nsw.gov.au
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